secretary and the Division of Administration of the Department of Business and Professional Regulation; except that: The revenue transfer provisions of ss. 561.32 and 561.342(1) and (2) shall continue in full force and effect, and the division shall cause such revenue to be returned to the municipality or county in the manner provided for in s. 561.32 or s. 561.342(1) and (2).; and
Ten percent of the revenues derived from retail tobacco products dealer permit fees collected under s. 569.003 shall be transferred to the Department of Education to provide

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for

teacher training and for research and evaluation to reduce

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and

prevent the use of tobacco products by children.

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(3) Until January 1, 2028, an amount equal to 5 percent of

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the revenues received by the division during the previous month pursuant to the tax imposed by s. 566.012 shall be transferred to the Department of Health to be used to provide grants for the purpose of producing peer-reviewed research on marijuana’s beneficial uses and safety.
Section 3. The Division of Law Revision is directed to prepare a reviser’s bill for the 2020 Regular Session of the Legislature to redesignate the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation as the “Division of Alcoholic Beverages, Marijuana, and Tobacco” and the Alcoholic Beverage and Tobacco Trust Fund as the “Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,”

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respectively, wherever those terms appear in the Florida

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Statutes.

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Section 4. Chapter 566, Florida Statutes, consisting of

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ss. 566.011-566.042, is created to read:

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CHAPTER 566

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RECREATIONAL MARIJUANA

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PART I

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EXCISE TAX

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566.011 Definitions.—As used in this part, the term:

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(1) “Department” means the Department of Business and

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Professional Regulation.

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(2) “Division” means the Division of Alcoholic Beverages,

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Marijuana, and Tobacco of the department.

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(3) “Marijuana” means all parts of the plant of the genus

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cannabis, whether growing or not, the seeds thereof, the resin

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extracted from any part of the plant, and every compound,

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manufacture, salt, derivative, mixture, or preparation of the

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plant, its seeds, or its resin, including marijuana concentrate.

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The term does not include industrial hemp, fiber produced from

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the stalks, oil, cake made from the seeds of the plant,

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sterilized seed of the plant that is incapable of germination,

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or the weight of any ingredient combined with marijuana to

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prepare topical or oral administrations, food, drink, or any

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other product.

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(4) “Marijuana cultivation facility” means an entity

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licensed to cultivate, prepare, and package and sell marijuana

to retail marijuana stores, to marijuana product manufacturing

facilities, and to other marijuana cultivation facilities, but

not to consumers.

(5) “Marijuana establishment” means a marijuana

cultivation facility, marijuana testing facility, marijuana

product manufacturing facility, or retail marijuana store.

(6) “Marijuana product manufacturing facility” means an

entity licensed to:

(a) Purchase marijuana.

(b) Manufacture, prepare, and package marijuana products.

(c) Sell marijuana and marijuana products to other

marijuana product manufacturing facilities and to retail

marijuana stores, but not to consumers.

(7) “Marijuana products” means concentrated marijuana and

products that consist of marijuana and other ingredients and are

intended for use or consumption, including, but not limited to,

edible products, ointments, and tinctures.

(8) “Marijuana testing facility” means an entity licensed

to analyze and certify the safety and potency of marijuana.

(9) “Retail marijuana store” means an entity licensed to

purchase marijuana from a marijuana cultivation facility and

marijuana products from a marijuana product manufacturing

facility and to sell marijuana and marijuana products to

consumers.

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Distribution of revenues.—Revenues derived from the tax imposed by this part must be credited to the General Revenue Fund. On or before the last day of each month, the Chief Financial Officer shall transfer 15 percent of the revenue received by the division during the preceding month pursuant to the tax imposed by s. 566.012 to the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund established under s. 561.025. On or before the last day of each month, the Chief Financial Officer shall transfer the remainder of the revenues to the General Revenue Fund.
Annual report.—The division shall report annually beginning January 30, 2021, the amount of tax revenue collected pursuant to s. 566.012 and the amount distributed pursuant to s. 561.025(3) to the appropriations committees of each house of the Legislature. PART II

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MARIJUANA REGULATION

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566.031 Definitions.—As used in this part, the term:

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“Consumer” means a person 21 years of age or older who purchases marijuana or marijuana products for personal use by persons 21 years of age or older, but not for resale to others.
“Department” has the same meaning as provided in s. 566.011. “Division” has the same meaning as provided in s. 566.011.

“Retail marijuana store” has the same meaning as provided in s. 566.011.
“Seedling” means a marijuana plant that has no flowers, is less than 12 inches in height, and is less than 12 inches in diameter. 566.032 Exemption from criminal and noncriminal penalties, seizure, or forfeiture.—Notwithstanding chapter 893 or any other provision of law, and except as provided in this part, the actions specified in this part are legal under the laws of this state and do not constitute a civil or criminal offense under the laws of this state or the law of any political subdivision within this state or serve as a basis for seizure or forfeiture of assets under state law.
566.0311 False identification.— A minor may not present or offer to a marijuana establishment or the marijuana establishment’s agent or employee any written or oral evidence of age that is false, fraudulent, or not actually the minor’s own for the purpose of:
Ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure marijuana; or
Gaining access to marijuana.

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(2)(a) A minor who violates subsection (1) commits:

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For a first offense, a noncriminal violation subject to a civil penalty of at least $200 and not more than $400.
For a second offense, a noncriminal violation subject

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to a civil penalty of at least $300 and not more than $600,

which may only be suspended as provided in paragraph (b).

3. For a third or subsequent offense, a noncriminal

violation subject to a civil penalty of $600, which may only be

suspended as provided in paragraph (b). 256

When a minor is adjudged to have committed a first offense under

subsection (1), the judge shall inform that minor that the

noncriminal penalties for the second and subsequent offenses are

mandatory and may only be suspended as provided in paragraph

(b). Failure to inform the minor that subsequent noncriminal

penalties are mandatory is not a ground for suspension of any

subsequent civil penalty.

(b) A judge, as an alternative to or in addition to the

noncriminal penalties specified in paragraph (a), may assign the

minor to perform specified work for the benefit of the state,

the municipality, or other public entity or a charitable

institution for no more than 40 hours for each violation.

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566.033 Personal use of marijuana.—

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(1) A person who is 21 years of age or older may:

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Use, possess, and transport marijuana accessories and up to 2.5 ounces of marijuana.
Transfer or furnish, without remuneration, up to 2.5 ounces of marijuana and up to 6 seedlings to a person who is 21 years of age or older.

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(c) Possess, grow, cultivate, process, and transport up to

6 marijuana plants, including seedlings, and possess the

marijuana produced by the marijuana plants on the premises where

the plants were grown.

(d) Purchase up to 2.5 ounces of marijuana, up to 6

seedlings, and marijuana accessories from a retail marijuana

store.

(2) The following apply to the cultivation of marijuana

for personal use by a person who is 21 years of age or older:

(a) A person may cultivate up to 6 marijuana plants,

including seedlings, at that person’s place of residence, on

property owned by that person, or on another person’s property

with permission of the owner of the other property.

(b) A person who elects to cultivate marijuana shall take

reasonable precautions to ensure the plants are secure from

unauthorized access or access by a person under 21 years of age.

Reasonable precautions include, but are not limited to,

cultivating marijuana in a fully enclosed secure outdoor area,

locked closet, or locked room inaccessible to persons under 21

years of age.

(3) A person may smoke or ingest marijuana in a nonpublic

place, including, but not limited to, a private residence.

(a) This subsection does not permit a person to consume

marijuana in a manner that endangers others.

(b) The prohibitions and limitations on smoking tobacco

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products in specified areas in part II of chapter 386 apply to

marijuana.

(c) A person who smokes marijuana in a public place other

than as governed by part II of chapter 386 commits a noncriminal

violation subject to a civil penalty of $100.

566.034 Marijuana establishments.—

(1) A marijuana establishment may engage in the

manufacture, possession, and purchase of marijuana, marijuana

products, and marijuana accessories and sell marijuana,

marijuana products, and marijuana accessories to a consumer as

described in this subsection.

(a) A retail marijuana store may:

1. Possess, display, and transport marijuana, marijuana

products, or marijuana accessories.

2. Purchase marijuana from a marijuana cultivation

facility.

3. Purchase marijuana and marijuana products from a

marijuana product manufacturing facility.

4. Sell marijuana, marijuana products, and marijuana

accessories to consumers.

(b) A marijuana cultivation facility may:

1. Cultivate, harvest, process, package, transport,

display, and possess marijuana.

2. Deliver or transfer marijuana to a marijuana testing

facility.

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3. Sell marijuana to another marijuana cultivation

facility, a marijuana product manufacturing facility, or a

retail marijuana store.

4. Purchase marijuana from another marijuana cultivation

facility.

(c) A marijuana product manufacturing facility may:

1. Package, process, transport, manufacture, display, and

possess marijuana or marijuana products.

2. Deliver or transfer marijuana or marijuana products to

a marijuana testing facility.

3. Sell marijuana and marijuana products to a retail

marijuana store or marijuana product manufacturing facility.

4. Purchase marijuana from a marijuana cultivation

facility.

5. Purchase marijuana and marijuana products from a

marijuana product manufacturing facility.

(d) A marijuana testing facility may possess, cultivate,

process, repackage, store, transport, display, transfer, and

deliver marijuana or marijuana products. 345

A marijuana establishment may lease or otherwise allow the use

of property owned, occupied, or controlled by a person,

corporation, or other entity for any of the activities conducted

lawfully in accordance with this subsection.

(2) This section does not prevent the imposition of

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penalties for violating this chapter or state or local rules

adopted pursuant to this chapter.

566.035 Duties of the division.—The division shall:

(1) Enforce the laws and rules relating to the

manufacturing, processing, labeling, storing, transporting,

testing, and selling of marijuana by marijuana establishments

and administer those laws relating to licensing and the

collection of taxes.

(2) Adopt rules consistent with this chapter for the

administration and enforcement of laws regulating and licensing

marijuana establishments.

(3) If determined necessary by the division, enter into a

memorandum of understanding with the Department of Law

Enforcement, a county sheriff, or other state or municipal law

enforcement agency to perform inspections of marijuana

establishments.

(4) Issue marijuana cultivation facility, marijuana

testing facility, marijuana product manufacturing facility, and

retail marijuana store licenses.

(5) Prevent the sale of marijuana by licensees to minors

and intoxicated persons.

(6) Ensure that licensees have access to the provisions of

this chapter and other laws and rules governing marijuana in

accordance with this section.

(7) Post on the department’s publicly accessible website

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this chapter and all rules adopted under this chapter. The

division shall notify all licensees of changes in the law and

rules through a publicly accessible website posting within 90

days after adjournment of each session of the Legislature. The

division shall update the posting on the department’s publicly

accessible website to reflect new laws and rules before the

effective date of the laws and rules.

(8) Certify monthly to the Chief Financial Officer a

complete statement of revenues and expenses for licenses issued

and for revenues collected by the division and submit an annual

report that includes a complete statement of the revenues and

expenses for the division to the Governor, the Speaker of the

House of Representatives, and the President of the Senate.

(9) Suspend or revoke the license of a licensee in

accordance with rules adopted by the division. A marijuana

establishment with a license that is suspended or revoked

pursuant to this subsection may:

(a) Continue to possess marijuana during the time its

license is suspended, but may not dispense, transfer, or sell

marijuana. If the marijuana establishment is a marijuana

cultivation facility, it may continue to cultivate marijuana

plants during the time its license is suspended. Marijuana may

not be removed from the licensed premises except as authorized

by the division and only for the purpose of destruction.

(b) Possess marijuana for up to 7 days after revocation of

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its license, during which time the marijuana establishment shall

dispose of its inventory of marijuana in accordance with

division rules.

(10) Beginning January 15, 2020, and annually thereafter,

report to the committees of each house of the Legislature having

jurisdiction over marijuana regulation. The report must include,

but is not limited to, all rules adopted by the division and

statistics regarding the number of marijuana establishment

applications received, and licensed and the licensing fees

collected within the previous year.

566.036 Licensing of marijuana establishments.—

(1) An applicant for a marijuana establishment license

shall file an application in the form required by the division

for the type of marijuana establishment license sought. An

applicant may apply for and be granted more than one type of

marijuana establishment license, except that a person licensed

as a marijuana testing facility may not hold another marijuana

establishment license. The division shall begin accepting and

processing applications by August 1, 2020.

(2) Upon receiving an application for a marijuana

establishment license, the division shall immediately forward a

copy of the application and 50 percent of the license

application fee to the locality in which the applicant desires

to operate.

(3) The division shall issue or renew a license to operate

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a marijuana establishment to an applicant who meets the

requirements of the division as set forth in rule and in

subsection (9) within 90 days after the date of receipt of the

application unless:

(a) The division finds the applicant is not in compliance

with this section or rules adopted by the division;

(b) The division is notified by the relevant locality that

the applicant is not in compliance with an ordinance, rule, or

regulation in effect at the time of application; or

(c) The number of marijuana establishments allowed in the

locality has been limited under s. 566.037 or is limited by

subsection (5) and the division has already licensed the maximum

number of marijuana establishments allowed in the locality for

the category of license that is sought.

(4) The following shall control when more than one

application is received by the division for establishment of a

marijuana establishment in the same locality:

(a) If a greater number of applications are received from

qualified applicants to operate a marijuana establishment in a

locality than are allowed under the limits enacted by the

locality under s. 566.037 or subsection (5), the division shall

solicit and consider input from the locality regarding the

locality’s preference or preferences for licensure. Within 90

days after the date that the first application is received, the

division shall issue the maximum number of applicable licenses

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for each type of marijuana establishment license application

received.

(b) In a competitive application process to determine

which applicants will receive licenses, the division shall give

preference to an applicant who has at least 1 year of previous

experience in operating another business in this state in

compliance with state law.

(c) The division may not grant a license to a licensee who

has already received a license to operate the same type of

marijuana establishment if doing so would prevent another

qualified applicant from receiving a license.

(5) Unless the locality has prohibited retail marijuana

stores or has enacted a lower limit on the number of retail

marijuana stores, the division shall license no more than:

(a) One retail marijuana store per each 5,000 persons in a

locality with a population over 20,000.

(b) Two retail marijuana stores in a locality with a

population of at least 5,001 but less than 20,000.

(c) One retail marijuana store in a locality with a

population of at least 2,000 but less than 5,001. 471

The division may license one retail marijuana store in a

locality where the population is less than 2,000 if the locality

has not prohibited retail marijuana stores. The division may

grant a locality’s request to allow additional marijuana stores.

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The division may consider the impact of seasonal population or

tourism and other related information provided by the locality

requesting an additional marijuana establishment location.

(6) Upon denial of an application, the division shall

notify the applicant in writing of the specific reason for the

denial.

(7) All licenses under this part are valid for 1 year

after the date of issuance.

(8) A prospective licensee as a marijuana establishment:

(a) May not have been convicted of a disqualifying drug

offense. For purposes of this section, “disqualifying drug

offense” means a conviction for a violation of a state or

federal controlled substance law that is a crime punishable by

imprisonment for 1 year or more. It does not include an offense

for which the sentence, including any term of probation,

incarceration, or supervised release, was completed 10 or more

years before application for licensure or an offense that

consisted of conduct that would be permitted under this part.

(b) May not have had a previous license revoked for a

marijuana establishment.

(c) If the applicant is a corporation, may not be issued a

license if any of the principal officers of the corporation

would be personally ineligible under paragraph (a) or paragraph 499 (b).

(9) A marijuana establishment:

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(a) May not be located within 500 feet of the property

line of a preexisting public or private school. The distance

must be measured from the main entrance of the marijuana

establishment to the main entrance of the school by the ordinary

course of travel.

(b) Shall implement appropriate security measures,

consistent with rules issued by the division, which are designed

to prevent:

1. Unauthorized entrance into areas containing marijuana.

2. The theft of marijuana located on the premises or in

transit to or from the premises by the licensee.

3. Tampering with or adulteration of the marijuana

products.

4. Unauthorized access to marijuana or marijuana

accessories.

5. Access to marijuana by or sales of marijuana to minors.

(c) Shall prepare and maintain documents that include

procedures for the oversight of all aspects of operations and

procedures to ensure accurate recordkeeping.

(d) Shall make available for inspection its license at the

premises to which that license applies. A licensee may not

refuse a representative of the division the right at any time to

inspect the entire licensed premises or to audit the books and

records of the licensee.

(e) May not sell marijuana to a person under 21 years of

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age or to a visibly intoxicated person.

(f) If the licensee is a retail marijuana store, it may

not allow a minor to enter or remain on the premises unless the

minor is an employee of the division, a law enforcement officer,

emergency personnel, or a contractor performing work on the

facility that is not directly related to marijuana, such as

installing or maintaining security devices or performing

electrical wiring.

(g) May not sell marijuana between the hours of 1 a.m. and

535 6 a.m.

(h) May not employ as a manager or leave in charge of the

licensed premises any person who, by reason of conviction for a

disqualifying drug offense or because of a revocation of that

person’s marijuana establishment license, is not eligible for a

marijuana establishment license.

(i) If a retail marijuana store, may not offer any free

merchandise, a rebate, or a gift to a consumer.

(j) If a retail marijuana store, may only sell or furnish

marijuana to a consumer from the premises licensed by the

department. A retail marijuana store may not, either directly or

indirectly, by any agent or employee, travel from locality to

locality, or from place to place within the same locality,

selling, bartering, carrying for sale, or exposing for sale

marijuana from a vehicle.

(10) A person who intentionally provides false information

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on an application for a marijuana establishment license violates 552 s. 837.06.

(11) When a licensee’s license expires:

(a) A licensee who unintentionally fails to renew a

license upon its expiration date and continues to engage in

activities allowed by s. 566.034 may not be charged with illegal

sales for a period of 7 days after the expiration date. A

licensee who continues to make sales of marijuana after having

been properly notified of the expired license may be charged

with illegally selling marijuana.

(b) At least 30 days before expiration of a licensee’s

license issued under this part, the division shall notify the

licensee by the most expedient means available:

1. That the licensee’s license is scheduled to expire.

2. The date of expiration.

3. That all sales of marijuana must be suspended after the

date of expiration and remain suspended until the license is

properly renewed. 569

Failure by the division to notify a licensee pursuant to this

paragraph does not excuse a licensee from being charged with a

violation of this part.

566.037 Local control.—

(1) A locality may prohibit the operation of one or more

types of marijuana establishments through the enactment of an

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ordinance.

(2) If a locality does not prohibit the operation of a

marijuana establishment pursuant to subsection (1), the

following apply:

(a) No later than September 1, 2020, a locality may enact

an ordinance or regulation specifying the entity within the

locality that is responsible for processing applications

submitted for a licensee to operate a marijuana establishment

within the boundaries of the locality. The locality may provide

that the entity may issue such licenses if issuance by the

locality becomes necessary because of a failure by the division

to adopt rules pursuant to s. 566.035 or because of a failure by

the division to process and issue licenses as required by s. 589 566.036.

(b) A locality may enact ordinances, rules, or regulations

pursuant to this paragraph as long as those ordinances, rules,

or regulations do not conflict with this section or with rules

issued pursuant to s. 566.035. The ordinances may:

1. Govern the time, place, and manner of operations and

number of marijuana establishments.

2. Establish procedures for the issuance, suspension, and

revocation of a license issued by the locality in accordance

with paragraph (c) or paragraph (d).

3. Establish a schedule of annual operating, licensing, 600 and application fees for a marijuana establishment. This

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601 subparagraph applies only if the application fee or licensing 602 fee is submitted to a locality in accordance with paragraph (c) 603 or (d).

604 4. Establish noncriminal penalties for violation of an 605 ordinance, rule, or regulation governing the time, place, and 606 manner that a marijuana establishment may operate in that 607 locality.

608 (c) If the division does not begin issuing licenses by

609 January 1, 2021, an applicant may submit an application directly 610 to the locality in which it wants to operate. A locality that 611 receives an application pursuant to this paragraph shall issue a 612 license to an applicant within 90 days after receipt of the

613 application unless the locality finds, and notifies the 614 applicant, that the applicant is not in compliance with an

615 ordinance, rule, or regulation made pursuant to s. 566.035 or 616 paragraph (b) in effect at the time of application. The locality 617 shall notify the division if the locality issues an annual

618 license to the applicant.

619 (d) If the division does not issue a license to an

620 applicant within 90 days after receipt of the application filed 621 in accordance with s. 566.036 and does not notify the applicant 622 of the specific reason for denial, in writing and within 90 days 623 after receipt of the application, the applicant may resubmit its 624 application directly to the locality and the locality may issue 625 an annual license to the applicant. A locality issuing a license

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626 to an applicant shall do so within 90 days after receipt of the 627 resubmitted application unless the locality finds, and notifies 628 the applicant, that the applicant is not in compliance with an 629 ordinance, rule, or regulation made under s. 566.035 or

630 paragraph (b) in effect at the time the application is 631 resubmitted. The locality shall notify the division if the 632 locality issues an annual license to the applicant. If an

633 application is submitted to a locality under this paragraph, the 634 division shall forward to the locality the application fee paid 635 by the applicant to the division upon request by the locality.

636 (e) A license issued by a locality in accordance with 637 paragraph (c) or paragraph (d) has the same effect as a license 638 issued by the division in accordance with s. 566.036 and the 639 holder of that license is not subject to regulation or

640 enforcement by the division during the term of that license. A 641 subsequent or renewed license may be issued under this paragraph 642 on an annual basis if the division has not adopted rules

643 required by s. 566.035 at least 90 days before the date upon 644 which such subsequent or renewed license would be effective, or 645 if the division has adopted rules pursuant to 566.041 but has 646 not, at least 90 days after the adoption of those rules, issued 647 any marijuana establishment licenses pursuant to s. 566.036.

648 566.038 Defense of state law.—The Attorney General shall 649 to the best of the abilities of the office and in good faith 650 advocate to quash any federal subpoena for records involving

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651 marijuana establishments.

652 566.039 Research.—Notwithstanding the provisions of this 653 part regulating the distribution of marijuana, a scientific or 654 medical researcher who has previously published peer-reviewed 655 research may purchase, possess, and securely store marijuana for 656 purposes of conducting research. A scientific or medical

657 researcher may administer and distribute marijuana to a

658 participant in research who is at least 21 years of age after 659 receiving informed consent from that participant.

660 566.040 Construction.—

661 (1) EMPLOYMENT POLICIES.—This chapter does not require an 662 employer to permit or accommodate the use, consumption,

663 possession, transfer, display, transportation, sale, or growing 664 of marijuana in the workplace or to affect the ability of

665 employers to have policies restricting the use of marijuana by 666 their employees.

667 (2) OPERATING UNDER THE INFLUENCE.—This chapter does not 668 exempt a person from the laws prohibiting operating any motor 669 vehicle or off-highway vehicle within this state under the

672 (3) TRANSFER TO MINOR.—This chapter does not permit the 673 transfer of marijuana, with or without remuneration, to a minor 674 or to allow a minor to purchase, possess, use, transport, grow, 675 or consume marijuana.

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676 (4) RESTRICTION ON USE OF PROPERTY.—This chapter does not 677 prohibit a person, an employer, a school, a hospital, a

698 (1) By June 1, 2020, the Division of Alcoholic Beverages, 699 Marijuana, and Tobacco of the Department of Business and

700 Professional Regulation shall adopt emergency rules for the

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701 administration and the enforcement of laws regulating and 702 licensing marijuana establishments pursuant to part II of 703 chapter 566, Florida Statutes, as created by this act. These 704 rules must be developed by the division and may not be

705 contracted out to an entity outside the division. These rules 706 may not prohibit the operation of marijuana establishments,

707 either expressly or through restrictions that make the operation 708 of marijuana establishments unreasonably impracticable. The

709 emergency rules shall remain in effect for 6 months after

710 adoption and may be renewed during the pendency of procedures to 711 adopt rules addressing the subject of the emergency rules. As 712 used in this section, “unreasonably impracticable” means that 713 the measures necessary to comply with the rules require such a 714 high investment of risk, money, time, or other resource or asset 715 that the operation of a marijuana establishment is not worthy of 716 being carried out in practice by a reasonably prudent

722 (b) The form and content of applications for each type of 723 marijuana establishment license, registration renewal forms, and 724 associated licensing and renewal fee schedules, except that an 725 application, licensing, or renewal fee may not exceed $5,000.

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726 (c) Procedures allowing an applicant who has been denied a 727 license due to failure to meet the requirements for licensing to 728 correct the reason for failure.

731 (e) Rules governing the transfer of a license, which must 732 be substantially the same as rules governing the transfer of a 733 beverage license under chapter 561, Florida Statutes.

734 (f) Minimum standards for employment, including

735 requirements for background checks, restrictions against hiring 736 persons under 21 years of age, and safeguards to protect against 737 unauthorized employee access to marijuana.

738 (g) Minimum recordkeeping requirements, including the 739 recording of the disposal of marijuana that is not sold. Rules

740 developed pursuant to this subsection may not require a consumer 741 to provide a retail marijuana store with personal information 742 other than government-issued identification to determine the 743 consumer’s age or require the retail marijuana store to acquire 744 and record personal information about its consumers.

745 (h) Health and safety rules and standards for the 746 manufacture of marijuana products and the cultivation of 747 marijuana.

748 (i) Labeling requirements for marijuana and marijuana 749 products sold or distributed by a marijuana establishment.

750 (j) Restrictions on the advertising, signage, and display

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

751 of marijuana and marijuana products.

752 (k) Minimum security requirements, including standards to 753 reasonably protect against unauthorized access to marijuana at 754 all stages of the licensee’s possession, transportation,

755 storage, and cultivation of marijuana. Such security 756 requirements may not prohibit outdoor cultivation in an 757 enclosed, secured space.

includes a retail marijuana store that sells food containing marijuana pursuant to chapter 566. The term includes tomato packinghouses and repackers but does not include any other establishments that pack fruits and vegetables in their raw or
natural states, including those fruits or vegetables that are

786

washed, colored,

or otherwise treated in their unpeeled, natural

787

form before they

are marketed.

788

Section 8.

Section 500.105, Florida Statutes, is created

789

to read:

790
791
792
793
794
795
796
797
798
799
800

500.105 Retail marijuana store food products containing marijuana.—Food products containing marijuana that are prepared in a food establishment that holds a permit under s. 500.12, if required, and that are sold by a retail marijuana store licensed under chapter 566 are not considered adulterated under this chapter due to the presence of marijuana.
Section 9. Subsection (1) of section 562.13, Florida Statutes, is amended to read:
562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions.—
(1) Unless otherwise provided in this section, it is

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

801 unlawful for any vendor licensed under the Beverage Law or a 802 licensee under chapter 566 to employ any person under 18 years 803 of age.

(a) Has a retail tobacco products dealer permit under s.
569.003 or is a marijuana establishment licensed under s.

813

566.036. The provisions of this chapter

apply to any person that

814

offers for retail sale any of the items

listed in subsection

815

(2); and

816

(b)1. Derives at least 75 percent

of its annual gross

817
818
819
820
821
822
823
824
825

revenues from the retail sale of cigarettes, cigars, and other tobacco products or marijuana products sold in compliance with chapter 566; or
2. Derives no more than 25 percent of its annual gross revenues from the retail sale of the items listed in subsection (2).
Section 11. Subsection (10) of section 893.13, Florida Statutes, is renumbered as subsection (11), and a new subsection
(10) is added to that section, to read:

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893.13 Prohibited acts; penalties.—

827

(10) Subsections (1)-(8) are not applicable to conduct

828

authorized under chapter 566.

829

Section 12. Subsection (1) of section 893.135, Florida

830

Statutes, is amended to read:

831

893.135 Trafficking; mandatory sentences; suspension or

832

reduction of sentences; conspiracy to engage in trafficking.—

833

(1) Except as authorized in this chapter, or in chapter

834

499, or chapter 566 and notwithstanding the provisions of s.

835

893.13:

836

(a) Any person who knowingly sells, purchases,

837

manufactures, delivers, or brings into this state, or who is

838

knowingly in actual or constructive possession of, in excess of

839

25 pounds of cannabis, or 300 or more cannabis plants, commits a

840

felony of the first degree, which felony shall be known as

841

“trafficking in cannabis,” punishable as provided in s. 775.082,

842

s. 775.083, or s. 775.084. If the quantity of cannabis involved:

843

1. Is in excess of 25 pounds, but less than 2,000 pounds,

844

or is 300 or more cannabis plants, but not more than 2,000

845

cannabis plants, such person shall be sentenced to a mandatory

846

minimum term of imprisonment of 3 years, and the defendant shall

847

be ordered to pay a fine of $25,000.

848

2. Is 2,000 pounds or more, but less than 10,000 pounds,

849

or is 2,000 or more cannabis plants, but not more than 10,000

850

cannabis plants, such person shall be sentenced to a mandatory

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

851

minimum term of imprisonment of 7 years, and the defendant shall

852

be ordered to pay a fine of $50,000.

853

3. Is 10,000 pounds or more, or is 10,000 or more cannabis

854

plants, such person shall be sentenced to a mandatory minimum

855

term of imprisonment of 15 calendar years and pay a fine of

856

$200,000.

858

For the purpose of this paragraph, a plant, including, but not

859

limited to, a seedling or cutting, is a “cannabis plant” if it

860

has some readily observable evidence of root formation, such as

861

root hairs. To determine if a piece or part of a cannabis plant

862

severed from the cannabis plant is itself a cannabis plant, the

863

severed piece or part must have some readily observable evidence

864

of root formation, such as root hairs. Callous tissue is not

865

readily observable evidence of root formation. The viability and

866

sex of a plant and the fact that the plant may or may not be a

867

dead harvested plant are not relevant in determining if the

868

plant is a “cannabis plant” or in the charging of an offense

869

under this paragraph. Upon conviction, the court shall impose

870

the longest term of imprisonment provided for in this paragraph.

871

(b)1. Any person who knowingly sells, purchases,

872

manufactures, delivers, or brings into this state, or who is

873

knowingly in actual or constructive possession of, 28 grams or

874

more of cocaine, as described in s. 893.03(2)(a)4., or of any

875

mixture containing cocaine, but less than 150 kilograms of

857F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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876

cocaine

or any such mixture, commits a felony of the first

877

degree,

which felony shall be known as “trafficking in cocaine,”

878
879
880
881
882
883
884
885
886
887
888

punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
Is 400 grams or more, but less than 150 kilograms, such

889

person shall

be sentenced to a mandatory minimum term of

890

imprisonment

of 15 calendar years and pay a fine of $250,000.

891

2. Any

person who knowingly sells, purchases,

892 manufactures, delivers, or brings into this state, or who is 893 knowingly in actual or constructive possession of, 150 kilograms 894 or more of cocaine, as described in s. 893.03(2)(a)4., commits 895 the first degree felony of trafficking in cocaine. A person who 896 has been convicted of the first degree felony of trafficking in 897 cocaine under this subparagraph shall be punished by life

898 imprisonment and is ineligible for any form of discretionary

899 early release except pardon or executive clemency or conditional 900 medical release under s. 947.149. However, if the court

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HB 1117 2019

901

determines that, in addition to committing any

act specified in

902

this paragraph:

903
904
905
906
907

The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
The person’s conduct in committing that act led to a

908

natural, though not

inevitable,

lethal

result,

909

910

such person commits

the capital

felony

of trafficking in

911

cocaine, punishable

as provided

in ss.

775.082 and 921.142. Any

912 person sentenced for a capital felony under this paragraph shall 913 also be sentenced to pay the maximum fine provided under

914 subparagraph 1.

915 3. Any person who knowingly brings into this state 300

916 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 917 and who knows that the probable result of such importation would 918 be the death of any person, commits capital importation of

919 cocaine, a capital felony punishable as provided in ss. 775.082 920 and 921.142. Any person sentenced for a capital felony under 921 this paragraph shall also be sentenced to pay the maximum fine 922 provided under subparagraph 1.

923 (c)1. A person who knowingly sells, purchases,

924 manufactures, delivers, or brings into this state, or who is 925 knowingly in actual or constructive possession of, 4 grams or

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HB 1117 2019

926 more of any morphine, opium, hydromorphone, or any salt, 927 derivative, isomer, or salt of an isomer thereof, including

928 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 929 (3)(c)4., or 4 grams or more of any mixture containing any such 930 substance, but less than 30 kilograms of such substance or

931 mixture, commits a felony of the first degree, which felony 932 shall be known as “trafficking in illegal drugs,” punishable as 933 provided in s. 775.082, s. 775.083, or s. 775.084. If the

934 quantity involved:

935 a. Is 4 grams or more, but less than 14 grams, such person 936 shall be sentenced to a mandatory minimum term of imprisonment 937 of 3 years and shall be ordered to pay a fine of $50,000.

938 b. Is 14 grams or more, but less than 28 grams, such 939 person shall be sentenced to a mandatory minimum term of

940 imprisonment of 15 years and shall be ordered to pay a fine of 941 $100,000.

942 c. Is 28 grams or more, but less than 30 kilograms, such 943 person shall be sentenced to a mandatory minimum term of

944 imprisonment of 25 years and shall be ordered to pay a fine of 945 $500,000.

946 2. A person who knowingly sells, purchases, manufactures, 947 delivers, or brings into this state, or who is knowingly in 948 actual or constructive possession of, 14 grams or more of

949 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 950 described in s. 893.03(2)(a)1.g., or any salt thereof, or 14

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

951 grams or more of any mixture containing any such substance, 952 commits a felony of the first degree, which felony shall be

953 known as “trafficking in hydrocodone,” punishable as provided in 954 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 955 a. Is 14 grams or more, but less than 28 grams, such

956 person shall be sentenced to a mandatory minimum term of

957 imprisonment of 3 years and shall be ordered to pay a fine of 958 $50,000.

959 b. Is 28 grams or more, but less than 50 grams, such 960 person shall be sentenced to a mandatory minimum term of

961 imprisonment of 7 years and shall be ordered to pay a fine of 962 $100,000.

963 c. Is 50 grams or more, but less than 200 grams, such

964

person shall be

sentenced to a mandatory minimum term of

965

imprisonment of

15 years and shall be ordered to pay a fine of

966

$500,000.

967

d. Is 200

grams or more, but less than 30 kilograms, such

968

person shall be

sentenced to a mandatory minimum term of

969

imprisonment of

25 years and shall be ordered to pay a fine of

970

$750,000.

971
972
973
974
975

3. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 7 grams or more of oxycodone, as described in s. 893.03(2)(a)1.q., or any salt thereof, or 7 grams or more of any mixture containing any such

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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976

977

978

979

980

981

982

983

984

985

986

987

988

989

990

991

992

993

994

995

996

997

998

999

1000

substance, commits a felony of the first degree, which felony shall be known as “trafficking in oxycodone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

Is 7 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.

Is 14 grams or more, but less than 25 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of

$100,000.

Is 25 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of

$500,000.

Is 100 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of

$750,000.

4.a. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of:

Alfentanil, as described in s. 893.03(2)(b)1.;

Carfentanil, as described in s. 893.03(2)(b)6.;

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1001

(III) Fentanyl, as described in s. 893.03(2)(b)9.;

1002

(IV) Sufentanil, as described in s. 893.03(2)(b)30.;

1003

(V) A fentanyl derivative, as described in s.

1004

893.03(1)(a)62.;

1005

(VI) A controlled substance analog, as described in s.

1006

893.0356, of any substance described in sub-sub-subparagraphs

1007

(I)-(V); or

1008

(VII) A mixture containing any substance described in sub-

1009

sub-subparagraphs (I)-(VI),

1010

1011

commits a felony of the first degree, which felony shall be

1012

known as “trafficking in fentanyl,” punishable as provided in s.

1013

775.082, s. 775.083, or s. 775.084.

1014

b. If the quantity involved under sub-subparagraph a.:

1015

(I) Is 4 grams or more, but less than 14 grams, such

1016

person shall be sentenced to a mandatory minimum term of

1017

imprisonment of 3 years, and shall be ordered to pay a fine of

1018

$50,000.

1019

(II) Is 14 grams or more, but less than 28 grams, such

1020

person shall be sentenced to a mandatory minimum term of

1021

imprisonment of 15 years, and shall be ordered to pay a fine of

1022

$100,000.

1023

(III) Is 28 grams or more, such person shall be sentenced

1024

to a mandatory minimum term of imprisonment of 25 years, and

1025

shall be ordered to pay a fine of $500,000.

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1026

5. A person who knowingly sells, purchases, manufactures,

1027

delivers, or brings into this state, or who is knowingly in

1028

actual or constructive possession of, 30 kilograms or more of

1029

any morphine, opium, oxycodone, hydrocodone, codeine,

1030

hydromorphone, or any salt, derivative, isomer, or salt of an

1031

isomer thereof, including heroin, as described in s.

1032

893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or

1033

more of any mixture containing any such substance, commits the

1034

first degree felony of trafficking in illegal drugs. A person

1035

who has been convicted of the first degree felony of trafficking

1036

in illegal drugs under this subparagraph shall be punished by

1037

life imprisonment and is ineligible for any form of

1038

discretionary early release except pardon or executive clemency

1039

or conditional medical release under s. 947.149. However, if the

1040

court determines that, in addition to committing any act

1041

specified in this paragraph:

1042

a. The person intentionally killed an individual or

1043

counseled, commanded, induced, procured, or caused the

1044

intentional killing of an individual and such killing was the

1045

result; or

1046

b. The person’s conduct in committing that act led to a

1047

natural, though not inevitable, lethal result,

1048

1049

such person commits the capital felony of trafficking in illegal

1050

drugs, punishable as provided in ss. 775.082 and 921.142. A

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1051

person sentenced for a capital felony under this paragraph shall

1052

also be sentenced to pay the maximum fine provided under

1053

subparagraph 1.

1054

6. A person who knowingly brings into this state 60

1055

kilograms or more of any morphine, opium, oxycodone,

1056

hydrocodone, codeine, hydromorphone, or any salt, derivative,

1057

isomer, or salt of an isomer thereof, including heroin, as

1058

described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or

1059

60 kilograms or more of any mixture containing any such

1060

substance, and who knows that the probable result of such

1061

importation would be the death of a person, commits capital

1062

importation of illegal drugs, a capital felony punishable as

1063

provided in ss. 775.082 and 921.142. A person sentenced for a

1064

capital felony under this paragraph shall also be sentenced to

1065

pay the maximum fine provided under subparagraph 1.

1066

(d)1. Any person who knowingly sells, purchases,

1067

manufactures, delivers, or brings into this state, or who is

1068

knowingly in actual or constructive possession of, 28 grams or

1069

more of phencyclidine, as described in s. 893.03(2)(b)23., a

1070

substituted phenylcyclohexylamine, as described in s.

1071

893.03(1)(c)195., or a substance described in s.

1072

893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture

1073

containing phencyclidine, as described in s. 893.03(2)(b)23., a

1074

substituted phenylcyclohexylamine, as described in s.

1075

893.03(1)(c)195., or a substance described in s.

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1076
1077

893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
the first degree, which felony shall be known as “trafficking in

1078

phencyclidine,” punishable as provided in s. 775.082, s.

1079

775.083, or s. 775.084. If the quantity involved:

1080

a. Is 28 grams or more, but less than 200 grams, such

1081

person shall be sentenced to a mandatory minimum term of

1082

imprisonment of 3 years, and the defendant shall be ordered to

1083

pay a fine of $50,000.

1084

b. Is 200 grams or more, but less than 400 grams, such

1085

person shall be sentenced to a mandatory minimum term of

1086

imprisonment of 7 years, and the defendant shall be ordered to

1087

pay a fine of $100,000.

1088

c. Is 400 grams or more, such person shall be sentenced to

1089

a mandatory minimum term of imprisonment of 15 calendar years

1090

and pay a fine of $250,000.

1091

2. Any person who knowingly brings into this state 800

1092

grams or more of phencyclidine, as described in s.

1093

893.03(2)(b)23., a substituted phenylcyclohexylamine, as

1094

described in s. 893.03(1)(c)195., or a substance described in s.

1095

893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture

1096

containing phencyclidine, as described in s. 893.03(2)(b)23., a

1097

substituted phenylcyclohexylamine, as described in s.

1098

893.03(1)(c)195., or a substance described in s.

1099

893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the

1100

probable result of such importation would be the death of any

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1101

person commits capital importation of phencyclidine, a capital

1102

felony punishable as provided in ss. 775.082 and 921.142. Any

1103

person sentenced for a capital felony under this paragraph shall

1104

also be sentenced to pay the maximum fine provided under

1105

subparagraph 1.

1106

(e)1. Any person who knowingly sells, purchases,

1107

manufactures, delivers, or brings into this state, or who is

1108

knowingly in actual or constructive possession of, 200 grams or

1109

more of methaqualone or of any mixture containing methaqualone,

1110

as described in s. 893.03(1)(d), commits a felony of the first

1111

degree, which felony shall be known as “trafficking in

1112

methaqualone,” punishable as provided in s. 775.082, s. 775.083,

1113

or s. 775.084. If the quantity involved:

1114

a. Is 200 grams or more, but less than 5 kilograms, such

1115

person shall be sentenced to a mandatory minimum term of

1116

imprisonment of 3 years, and the defendant shall be ordered to

1117

pay a fine of $50,000.

1118

b. Is 5 kilograms or more, but less than 25 kilograms,

1119

such person shall be sentenced to a mandatory minimum term of

1120

imprisonment of 7 years, and the defendant shall be ordered to

1121

pay a fine of $100,000.

1122

c. Is 25 kilograms or more, such person shall be sentenced

1123

to a mandatory minimum term of imprisonment of 15 calendar years

1124

and pay a fine of $250,000.

1125

2. Any person who knowingly brings into this state 50

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1126

kilograms or more of methaqualone or of any mixture containing

1127

methaqualone, as described in s. 893.03(1)(d), and who knows

1128

that the probable result of such importation would be the death

1129

of any person commits capital importation of methaqualone, a

1130

capital felony punishable as provided in ss. 775.082 and

1131

921.142. Any person sentenced for a capital felony under this

1132

paragraph shall also be sentenced to pay the maximum fine

1133

provided under subparagraph 1.

1134

(f)1. Any person who knowingly sells, purchases,

1135

manufactures, delivers, or brings into this state, or who is

1136

knowingly in actual or constructive possession of, 14 grams or

1137

more of amphetamine, as described in s. 893.03(2)(c)2., or

1138

methamphetamine, as described in s. 893.03(2)(c)5., or of any

1139

mixture containing amphetamine or methamphetamine, or

1140

phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine

1141

in conjunction with other chemicals and equipment utilized in

1142

the manufacture of amphetamine or methamphetamine, commits a

1143

felony of the first degree, which felony shall be known as

1144

“trafficking in amphetamine,” punishable as provided in s.

1145

775.082, s. 775.083, or s. 775.084. If the quantity involved:

1146

a. Is 14 grams or more, but less than 28 grams, such

1147

person shall be sentenced to a mandatory minimum term of

1148

imprisonment of 3 years, and the defendant shall be ordered to

1149

pay a fine of $50,000.

1150

b. Is 28 grams or more, but less than 200 grams, such

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1151
1152
1153

person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to
pay a fine of $100,000.

1154

c. Is 200 grams or more, such person shall be sentenced to

1155

a mandatory minimum term of imprisonment of 15 calendar years

1156

and pay a fine of $250,000.

1157

2. Any person who knowingly manufactures or brings into

1158

this state 400 grams or more of amphetamine, as described in s.

1159

893.03(2)(c)2., or methamphetamine, as described in s.

1160

893.03(2)(c)5., or of any mixture containing amphetamine or

1161

methamphetamine, or phenylacetone, phenylacetic acid,

1162

pseudoephedrine, or ephedrine in conjunction with other

1163

chemicals and equipment used in the manufacture of amphetamine

1164

or methamphetamine, and who knows that the probable result of

1165

such manufacture or importation would be the death of any person

1166

commits capital manufacture or importation of amphetamine, a

1167

capital felony punishable as provided in ss. 775.082 and

1168

921.142. Any person sentenced for a capital felony under this

1169

paragraph shall also be sentenced to pay the maximum fine

1170

provided under subparagraph 1.

1171

(g)1. Any person who knowingly sells, purchases,

1172

manufactures, delivers, or brings into this state, or who is

1173

knowingly in actual or constructive possession of, 4 grams or

1174

more of flunitrazepam or any mixture containing flunitrazepam as

1175

described in s. 893.03(1)(a) commits a felony of the first

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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1176
1177

degree, which felony shall be known as “trafficking in
flunitrazepam,” punishable as provided in s. 775.082, s.

1178

775.083, or s. 775.084. If the quantity involved:

1179

a. Is 4 grams or more but less than 14 grams, such person

1180

shall be sentenced to a mandatory minimum term of imprisonment

1181

of 3 years, and the defendant shall be ordered to pay a fine of

1182

$50,000.

1183

b. Is 14 grams or more but less than 28 grams, such person

1184

shall be sentenced to a mandatory minimum term of imprisonment

1185

of 7 years, and the defendant shall be ordered to pay a fine of

1186

$100,000.

1187

c. Is 28 grams or more but less than 30 kilograms, such

1188

person shall be sentenced to a mandatory minimum term of

1189

imprisonment of 25 calendar years and pay a fine of $500,000.

1190

2. Any person who knowingly sells, purchases,

1191

manufactures, delivers, or brings into this state or who is

1192

knowingly in actual or constructive possession of 30 kilograms

1193

or more of flunitrazepam or any mixture containing flunitrazepam

1194

as described in s. 893.03(1)(a) commits the first degree felony

1195

of trafficking in flunitrazepam. A person who has been convicted

1196

of the first degree felony of trafficking in flunitrazepam under

1197

this subparagraph shall be punished by life imprisonment and is

1198

ineligible for any form of discretionary early release except

1199

pardon or executive clemency or conditional medical release

1200

under s. 947.149. However, if the court determines that, in

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1201

addition to committing any act specified in this paragraph:

1202

a. The person intentionally killed an individual or

1203

counseled, commanded, induced, procured, or caused the

1204

intentional killing of an individual and such killing was the

1205

result; or

1206

b. The person’s conduct in committing that act led to a

1207

natural, though not inevitable, lethal result,

1208

1209

such person commits the capital felony of trafficking in

1210

flunitrazepam, punishable as provided in ss. 775.082 and

1211

921.142. Any person sentenced for a capital felony under this

1212

paragraph shall also be sentenced to pay the maximum fine

1213

provided under subparagraph 1.

1214

(h)1. Any person who knowingly sells, purchases,

1215

manufactures, delivers, or brings into this state, or who is

1216

knowingly in actual or constructive possession of, 1 kilogram or

1217

more of gamma-hydroxybutyric acid (GHB), as described in s.

1218

893.03(1)(d), or any mixture containing gamma-hydroxybutyric

1219

acid (GHB), commits a felony of the first degree, which felony

1220

shall be known as “trafficking in gamma-hydroxybutyric acid

1221

(GHB),” punishable as provided in s. 775.082, s. 775.083, or s.

1222

775.084. If the quantity involved:

1223

a. Is 1 kilogram or more but less than 5 kilograms, such

1224

person shall be sentenced to a mandatory minimum term of

1225

imprisonment of 3 years, and the defendant shall be ordered to

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1226

pay a fine of $50,000.

1227

b. Is 5 kilograms or more but less than 10 kilograms, such

1228

person shall be sentenced to a mandatory minimum term of

1229

imprisonment of 7 years, and the defendant shall be ordered to

1230

pay a fine of $100,000.

1231

c. Is 10 kilograms or more, such person shall be sentenced

1232

to a mandatory minimum term of imprisonment of 15 calendar years

1233

and pay a fine of $250,000.

1234

2. Any person who knowingly manufactures or brings into

1235

this state 150 kilograms or more of gamma-hydroxybutyric acid

1236

(GHB), as described in s. 893.03(1)(d), or any mixture

1237

containing gamma-hydroxybutyric acid (GHB), and who knows that

1238

the probable result of such manufacture or importation would be

1239

the death of any person commits capital manufacture or

1240

importation of gamma-hydroxybutyric acid (GHB), a capital felony

1241

punishable as provided in ss. 775.082 and 921.142. Any person

1242

sentenced for a capital felony under this paragraph shall also

1243

be sentenced to pay the maximum fine provided under subparagraph

1244

1.

1245

(i)1. Any person who knowingly sells, purchases,

1246

manufactures, delivers, or brings into this state, or who is

1247

knowingly in actual or constructive possession of, 1 kilogram or

1248

more of gamma-butyrolactone (GBL), as described in s.

1249

893.03(1)(d), or any mixture containing gamma-butyrolactone

1250

(GBL), commits a felony of the first degree, which felony shall

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1251

be known as “trafficking in gamma-butyrolactone (GBL),”

1252

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

1253

If the quantity involved:

1254

a. Is 1 kilogram or more but less than 5 kilograms, such

1255

person shall be sentenced to a mandatory minimum term of

1256

imprisonment of 3 years, and the defendant shall be ordered to

1257

pay a fine of $50,000.

1258

b. Is 5 kilograms or more but less than 10 kilograms, such

1259

person shall be sentenced to a mandatory minimum term of

1260

imprisonment of 7 years, and the defendant shall be ordered to

1261

pay a fine of $100,000.

1262

c. Is 10 kilograms or more, such person shall be sentenced

1263

to a mandatory minimum term of imprisonment of 15 calendar years

1264

and pay a fine of $250,000.

1265

2. Any person who knowingly manufactures or brings into

1266

the state 150 kilograms or more of gamma-butyrolactone (GBL), as

1267

described in s. 893.03(1)(d), or any mixture containing gamma-

1268

butyrolactone (GBL), and who knows that the probable result of

1269

such manufacture or importation would be the death of any person

1270

commits capital manufacture or importation of gamma-

1271

butyrolactone (GBL), a capital felony punishable as provided in

1272

ss. 775.082 and 921.142. Any person sentenced for a capital

1273

felony under this paragraph shall also be sentenced to pay the

1274

maximum fine provided under subparagraph 1.

1275

(j)1. Any person who knowingly sells, purchases,

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1276

manufactures, delivers, or brings into this state, or who is

1277

knowingly in actual or constructive possession of, 1 kilogram or

1278

more of 1,4-Butanediol as described in s. 893.03(1)(d), or of

1279

any mixture containing 1,4-Butanediol, commits a felony of the

1280

first degree, which felony shall be known as “trafficking in

1281

1,4-Butanediol,” punishable as provided in s. 775.082, s.

1282

775.083, or s. 775.084. If the quantity involved:

1283

a. Is 1 kilogram or more, but less than 5 kilograms, such

1284

person shall be sentenced to a mandatory minimum term of

1285

imprisonment of 3 years, and the defendant shall be ordered to

1286

pay a fine of $50,000.

1287

b. Is 5 kilograms or more, but less than 10 kilograms,

1288

such person shall be sentenced to a mandatory minimum term of

1289

imprisonment of 7 years, and the defendant shall be ordered to

1290

pay a fine of $100,000.

1291

c. Is 10 kilograms or more, such person shall be sentenced

1292

to a mandatory minimum term of imprisonment of 15 calendar years

1293

and pay a fine of $500,000.

1294

2. Any person who knowingly manufactures or brings into

1295

this state 150 kilograms or more of 1,4-Butanediol as described

1296

in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,

1297

and who knows that the probable result of such manufacture or

1298

importation would be the death of any person commits capital

1299

manufacture or importation of 1,4-Butanediol, a capital felony

1300

punishable as provided in ss. 775.082 and 921.142. Any person

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1301
1302
1303
1304

sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(k)1. A person who knowingly sells, purchases,

1305

manufactures, delivers, or brings into this state, or who is

1306

knowingly in actual or constructive possession of, 10 grams or

1307

more of a:

1308

a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,

1309

15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,

1310

90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,

1311

165., or 187.-189., a substituted cathinone, as described in s.

1312

893.03(1)(c)191., or substituted phenethylamine, as described in

1313

s. 893.03(1)(c)192.;

1314

b. Mixture containing any substance described in sub-

1315

subparagraph a.; or

1316

c. Salt, isomer, ester, or ether or salt of an isomer,

1317

ester, or ether of a substance described in sub-subparagraph a.,

1318

1319

commits a felony of the first degree, which felony shall be

1320

known as “trafficking in phenethylamines,” punishable as

1321

provided in s. 775.082, s. 775.083, or s. 775.084.

1322

2. If the quantity involved under subparagraph 1.:

1323

a. Is 10 grams or more, but less than 200 grams, such

1324

person shall be sentenced to a mandatory minimum term of

1325

imprisonment of 3 years and shall be ordered to pay a fine of

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1326
1327
1328

$50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of

1329

imprisonment of 7 years and shall be ordered to pay a fine of

1330

$100,000.

1331

c. Is 400 grams or more, such person shall be sentenced to

1332

a mandatory minimum term of imprisonment of 15 years and shall

1333

be ordered to pay a fine of $250,000.

1334

3. A person who knowingly manufactures or brings into this

1335

state 30 kilograms or more of a substance described in sub-

1336

subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,

1337

or a salt, isomer, ester, or ether or a salt of an isomer,

1338

ester, or ether described in sub-subparagraph 1.c., and who

1339

knows that the probable result of such manufacture or

1340

importation would be the death of any person commits capital

1341

manufacture or importation of phenethylamines, a capital felony

1342

punishable as provided in ss. 775.082 and 921.142. A person

1343

sentenced for a capital felony under this paragraph shall also

1344

be sentenced to pay the maximum fine under subparagraph 2.

1345

(l)1. Any person who knowingly sells, purchases,

1346

manufactures, delivers, or brings into this state, or who is

1347

knowingly in actual or constructive possession of, 1 gram or

1348

more of lysergic acid diethylamide (LSD) as described in s.

1349

893.03(1)(c), or of any mixture containing lysergic acid

1350

diethylamide (LSD), commits a felony of the first degree, which

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1351

felony shall be known as “trafficking in lysergic acid

1352

diethylamide (LSD),” punishable as provided in s. 775.082, s.

1353

775.083, or s. 775.084. If the quantity involved:

1354

a. Is 1 gram or more, but less than 5 grams, such person

1355

shall be sentenced to a mandatory minimum term of imprisonment

1356

of 3 years, and the defendant shall be ordered to pay a fine of

1357

$50,000.

1358

b. Is 5 grams or more, but less than 7 grams, such person

1359

shall be sentenced to a mandatory minimum term of imprisonment

1360

of 7 years, and the defendant shall be ordered to pay a fine of

1361

$100,000.

1362

c. Is 7 grams or more, such person shall be sentenced to a

1363

mandatory minimum term of imprisonment of 15 calendar years and

1364

pay a fine of $500,000.

1365

2. Any person who knowingly manufactures or brings into

1366

this state 7 grams or more of lysergic acid diethylamide (LSD)

1367

as described in s. 893.03(1)(c), or any mixture containing

1368

lysergic acid diethylamide (LSD), and who knows that the

1369

probable result of such manufacture or importation would be the

1370

death of any person commits capital manufacture or importation

1371

of lysergic acid diethylamide (LSD), a capital felony punishable

1372

as provided in ss. 775.082 and 921.142. Any person sentenced for

1373

a capital felony under this paragraph shall also be sentenced to

1374

pay the maximum fine provided under subparagraph 1.

1375

(m)1. A person who knowingly sells, purchases,

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1376

manufactures, delivers, or brings into this state, or who is

1377

knowingly in actual or constructive possession of, 280 grams

or

1378

more of a:

1379

a. Substance described in s. 893.03(1)(c)30., 46.-50.,

1380

114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic

1381

cannabinoid, as described in s. 893.03(1)(c)190.; or

1382

b. Mixture containing any substance described in sub-

1383

subparagraph a.,

1384

1385

commits a felony of the first degree, which felony shall be

1386

known as “trafficking in synthetic cannabinoids,” punishable

as

1387

provided in s. 775.082, s. 775.083, or s. 775.084.

1388

2.

If

the quantity involved under subparagraph 1.:

1389

a.

Is

280 grams or more, but less than 500 grams, such

1390

person shall be sentenced to a mandatory minimum term of

1391

imprisonment of 3 years, and the defendant shall be ordered to

1392

pay a fine of $50,000.

1393

b. Is 500 grams or more, but less than 1,000 grams, such

1394

person shall be sentenced to a mandatory minimum term of

1395

imprisonment of 7 years, and the defendant shall be ordered to

1396

pay a fine of $100,000.

1397

c. Is 1,000 grams or more, but less than 30 kilograms,

1398

such person shall be sentenced to a mandatory minimum term of

1399

imprisonment of 15 years, and the defendant shall be ordered to

1400

pay a fine of $200,000.

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1401

d. Is 30 kilograms or more, such person shall be sentenced

1402

to a mandatory minimum term of imprisonment of 25 years, and the

1403

defendant shall be ordered to pay a fine of $750,000.

1404

(n)1. A person who knowingly sells, purchases,

1405

manufactures, delivers, or brings into this state, or who is

1406

knowingly in actual or constructive possession of, 14 grams or

1407

more of:

1408

a. A substance described in s. 893.03(1)(c)164., 174., or

1409

175., a n-benzyl phenethylamine compound, as described in s.

1410

893.03(1)(c)193.; or

1411

b. A mixture containing any substance described in sub-

1412

subparagraph a.,

1413

1414

commits a felony of the first degree, which felony shall be

1415

known as “trafficking in n-benzyl phenethylamines,” punishable

1416

as provided in s. 775.082, s. 775.083, or s. 775.084.

1417

2. If the quantity involved under subparagraph 1.:

1418

a. Is 14 grams or more, but less than 100 grams, such

1419

person shall be sentenced to a mandatory minimum term of

1420

imprisonment of 3 years, and the defendant shall be ordered to

1421

pay a fine of $50,000.

1422

b. Is 100 grams or more, but less than 200 grams, such

1423

person shall be sentenced to a mandatory minimum term of

1424

imprisonment of 7 years, and the defendant shall be ordered to

1425

pay a fine of $100,000.

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1426

c. Is 200 grams or more, such person shall be sentenced to

1427

a mandatory minimum term of imprisonment of 15 years, and the

1428

defendant shall be ordered to pay a fine of $500,000.

1429

3. A person who knowingly manufactures or brings into this

1430

state 400 grams or more of a substance described in sub-

1431

subparagraph 1.a. or a mixture described in sub-subparagraph

1432

1.b., and who knows that the probable result of such manufacture

1433

or importation would be the death of any person commits capital

1434

manufacture or importation of a n-benzyl phenethylamine

1435

compound, a capital felony punishable as provided in ss. 775.082

1436

and 921.142. A person sentenced for a capital felony under this

1437

paragraph shall also be sentenced to pay the maximum fine under

1438

subparagraph 2.

1439

Section 13. This act shall take effect on the same date

1440

that HB 1119 or similar legislation takes effect, if such

1441

legislation is adopted in the same legislative session or an

1442

extension thereof and becomes law.

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